Opinion
No. 19962.
Delivered October 12, 1938.
Appeal — Statement of Facts.
Where the record before the Court of Criminal Appeals was without a statement of facts or bills of exception, the appearance in transcript of an affidavit, filed in the trial court, setting up the inability of defendant to pay for a statement of facts or to give security therefor without showing that affidavit was called to attention of trial court, held not to warrant reversal of judgment on the ground that defendant had been deprived of a statement of facts.
Appeal from the District Court of San Jacinto County. Hon. W. B. Browder, Judge.
Appeal from conviction for theft of an automobile; penalty, confinement in penitentiary for two years.
Affirmed.
The opinion states the case.
No appearance for appellant.
Lloyd W. Davidson, State's Attorney, of Austin, for the State.
Conviction for the theft of an automobile; punishment, two years in the penitentiary.
The record is before us without bills of exceptions or statement of facts. There appears in the transcript an affidavit filed in the trial court setting up the inability of appellant to pay for a statement of facts or to give security therefor. There is nothing to show that said affidavit was called to the attention of the trial judge. It follows that a reversal of the judgment on the ground that appellant has been deprived of a statement of facts would not be warranted. Fuller v. State, 264 S.W. 953; Beddingfield v. State, 93 S.W.2d 738; Kelley v. State, 91 S.W.2d 343; Moore v. State, 104 S.W.2d 862.
The judgment is affirmed.